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§ 211. It is certainly, however, an anomaly that the general government of the United States should have no control over the choice of its own delegates in Congress; that it should be powerless to define the qualifications of congressional electors. It must be conceded that this is a defect in our organic law which needs amendment; it was an unnecessary and unfortunate concession to the theory of state sovereignty and independence. One code of rules should certainly prevail throughout the country to regulate the choice of representamonious action on the part of the national and state governments in the election of representatives. It is at most an argument ab inconvenienti. There is nothing in the Constitution to forbid such co-operation in this

case....

"We hold it to be an incontrovertible principle, that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace to that extent. This power to enforce its laws, and to execute its functions in all places, does not derogate from the power of the state to execute its laws at the same time and in the same places."

After further remarks on the absolute necessity of allowing the federal government to execute its laws, both on persons or things, he continued: "Congress had power to vest the appointment of the supervisors in question in the circuit courts.

"The doctrine laid down at the close of counsel's brief, that the state and national governments are co-ordinate and altogether equal, on which their whole argument, indeed, is based, is only partially true.

"The true doctrine, as we conceive, is this, that whilst the states are really sovereign as to all matters which have not been granted to the jurisdiction and control of the United States, the Constitution and constitutional laws of the latter are, as we have already said, the supreme law of the land; and when they conflict with the laws of the states, they are of paramount authority and obligation. This is the fundamental principle on which the authority of the Constitution is based; and unless it be conceded in practice, as well as theory, the fabric of our institutions, as it was contemplated by its founders, cannot stand. The questions involved have respect not more to the autonomy and existence of the states, than to the continued existence of the United States as a government to which every American citizen may look for security and protection in every part of the land." Clifford and Field, JJ., dissented. Siebold's case was affirmed in Ex parte Geissler, 9 Bissell, 492, and in United States v. Gale, 109 U. S. 65. ED.

tives, and this should be the work of Congress, or of the people in its sovereign capacity. The nation should dictate in the selection of its own legislators. The integrity of the separate states is sufficiently guarded by allowing to each an equal voice in the Senate, and by permitting them to appoint Senators, and to control the selection of Presidential electors; the more national branch of Congress, that which comes directly from the people, should be entirely under the management of the one body politic which is represented in the general government.

§ 212. Here I wish to offer a few considerations upon the curious result of the amendment abolishing slavery referred to in §§ 195, 196, and upon the second amendment proposed to obviate that result. This latter amendment which has passed both houses of Congress, and been ratified by several state legislatures, is as follows: Art. XIV. Sec. II. "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied tc any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age such state."

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There can be no doubt that the amendment, when adopted, would have the effect to extend the right of suffrage to the class of new-made citizens in the Southern states, and to free negroes in other states, and thus to increase the number of voters for delegates to Congress, by making it directly for the interest of the states to admit the same class of citizens to vote for members of the popular branch of their own local legislatures, and for other state officers.

§ 213. While this plan would, therefore, tend to accomplish

the object designed, it would do so by a violation of ideas and principles which are wrought into the very fibre of our government. In regard to matters purely local, and which do not and cannot have a national aspect or influence, it has been the policy of the United States not to interfere with the separate states. The Constitution was framed upon this idea. The people, as the source of all power, gave to their central government exclusive control over all subjects which are national and imperial, and to the separate states a control over all subjects which are local. I deem this policy as essential as is its counterpart, that the several states shall not interfere with the nation in the administration of its appropriate functions. Now the determining who may vote for members of the state legislatures, and for other state officers, is a matter peculiarly local, and the United States should not be able, either directly or indirectly, to dictate rules thereon to the various commonwealths. But, on the other hand, the determining who may vote for Representatives in Congress is a matter purely na- tional, and the several states should not be permitted to dictate rules thereon to the general government.

tors.

§ 214. A remedy, therefore, should be proposed, which would not interfere with functions strictly belonging to the states, but would restore to its own control functions that of right belong to the nation. Such a remedy would be an amendment, not of the clause apportioning representatives, but of the clause relating to the qualifications of congressional elecAn idea might be borrowed from the seceding states themselves and extended to its legitimate results. When the constitution of the so-called Confederacy was formed, the convention perceived the impropriety of permitting the states to have complete power over the choice of congressmen, and although their revolt was based upon an assumed existence of separate state sovereignty, they imposed restrictions upon the discretion of the several commonwealths in the matter of determining who may exercise the right of suffrage. In this

1 See Appleton's Ann. Am. Cycl. for 1861, p. 158. The article in question restrains the several states from allowing persons of foreign birth and not citizens of the Confederate States, to vote for any officer, civil or political state or federal.

single instance their example is worthy of imitation; but I would go further and take away the discretion altogether.

§ 215. The amendment suggested is to Art. I. Sec. II. § 1, of the Constitution, so that it should read substantially as follows: "The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors shall have the qualifications which Congress may from time to time prescribe, and which shall be uniform throughout all the states." The clause in regard to apportionment may be left as it now stands.

Thus should we remedy any unequal consequences of the amendment abolishing slavery; Congress might extend the right of suffrage among all free persons; and at the same time purely state functions would not be interfered with, while a symmetry would be given to the organic law, which, it must be confessed, is now lacking.

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$216. Other Officers. All other officers are appointed by the President with the advice and consent of the Senate, or by the President alone, or by the Heads of Departments, or by Courts of Law, (Art. II. Sec. II. § 2), with the exception of the Speaker and other officers of the House, and the President pro tempore and other officers of the Senate, which are chosen by those bodies, respectively. (Art. I. Sec. II. § 5, Sec. III. § 5.)

SECTION IV.

SOME RULES RESPECTING THE QUALIFICATIONS OF OFFICERS AND THE ORGANIZATION OF THE HOUSES OF CONGRESS AND THE CONDUCT OF BUSINESS THEREBY.

§ 217. There are certain precise and detailed rules respecting the qualifications of officers, and the organization of the houses of Congress, and the conduct of business thereby, which do not need amplification or comment, but may be arranged in order substantially in the terms used by the Constitution itself. 1. Qualifications in respect to Age, Citizenship, and Inhabitancy. The President and Vice-President must be natural-born

citizens, at least thirty-five years of age. Art. II. Sec. I. § 5 ; Art. XII. of the Amendments, § 3.

Senators must be at least thirty years of age; if of foreign birth and naturalized, must have been citizens for at least nine years; and must when elected be inhabitants of the state from which they are elected. Art. I. Sec. III. § 3.

Representatives must be at least twenty-five years of age; if of foreign birth and naturalized, must have been citizens for at least seven years; and must when elected be inhabitants of the state from which they are elected. It is not required that they should be inhabitants of the district from which they are chosen. Art. I. Sec. II. § 2.

2. Terms of Office.

The President and Vice-President, four years. Art. II. Sec. I. § 1.

Senators, six years. Art. I. Sec. III. § 1.

Representatives, two years. Art. I. Sec. II. § 1.

§ 218. Certain regulations respecting the organization of Congress, and of each House.

There are a few special rules which apply to the Congress as a legislative body; others apply to each house by itself; and others still to the members of each house individually.

The Congress, as such, shall assemble at least once in every year, and the day of meeting shall be the first Monday in December, unless they shall, by law, appoint a different day. Art. I. Sec. IV. § 2.

Under this provision Congress may appoint two or more sessions for one year, and may set any day for the commencement of such sessions.

§ 219. Rules applicable to each House separately. — In respect to the matters involved in these rules each house acts independently of the other, and these acts are not laws in any true sense of the term. It may be doubted whether Congress could, by any law, bind either house in regard to these subjects which are thus committed to the discretion of each branch of the legislature.

Each house shall be the judge of the elections, returns, and qualifications of its own members. A majority of each shall

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